The Meiotic Spindle Transfer Technique from the Legal Perspective in the Republic Argentina

*Florencia Marina Daud
Lawyer, University Of Buenos Aires, Buenos Aires, Argentina

*Corresponding Author:
Florencia Marina Daud
Lawyer, University Of Buenos Aires, Buenos Aires, Argentina

Published on: 2022-08-10


Spindle transfer makes it possible to avoid diseases of mitochondrial inheritance. The art. 57 of the Civil and Commercial Code, which uses a broad wording so as not to become obsolete, would point the prohibition to the manipulation of embryos in search of certain improvements, but not to those practices that have a therapeutic purpose. However, it is necessary to rethink the limits of the prohibition and the reasonableness of this treatment.


Meiotic Spindle Transfer, Legal Perspective, Human Cells


On September 23, 2021, a 31-year-old woman gave birth to the first living of Argentina- and South America- which was conceived through a fertility method that requires the genetic material of three people and is called transfer of meiotic spindle.

This birth was the product of an assisted human reproduction treatment carried out by a medical team of the Procrete Clinic, of the Autonomous City of Buenos Aires and occurred in the Otamendi Sanatorium.

This is the procedure of greater technical complexity that can be done in a fertility clinic and very few laboratories in the world have achieved it.

The transfer of spindle is to extract the meiotic spindle or core of the oocyte of a patient carrying mutations in the mitochondrial DNA and transfer it to the cytoplasm of a donated oocyte, previously enucleated, with healthy mitochondria. This reconstituted oocyte, when fertilized, produces pregnancy.

This allows to avoid mitochondrial inheritance diseases caused by alterations in the DNA located in the mitochondria. This DNA is transmitted only by maternal way, from mother to children.

According to scientific studies we are conditioned by the nongenetic composition derived from the cytoplasm of the ovule that produces us for what the individual born through this new technique will receive the influence of three people in their development as a human being.

Because this method consists of a manipulation of human cells, but not of embryos, it can be less problematic. But you also have to be cautious in case unforeseen consequences will appear since these changes will be transmitted to future generations and the technique is very new.

Some voices against alarm arguing that a class of human beings would be discarded that would be born with a problem and the door would open to the production of a higher offspring.

This practice has been carried out for the first time in Mexico in 2017 by Dr. John Zhang and a team of American scientists. Since in the US it is not allowed to do it, the lack of regulation in Mexico about assisted reproduction techniques made birth possible. Instead, the United Kingdom pioneered to authorize it in its legislation.

While the transfer of meiotic spindle was developed to avoid mitochondrial disorder its indications have been extended to healthy patients but with repeated implementation failures offering, although not in all cases, an alternative to those patients who must resort to an oocyte bank, renouncing your genetic identity.

In the case of the first baby who was born in Greece from the application of the transfer technique of the spindle in 2019, through a procedure carried out by the Spanish Embryotools center and the Institute of Life of Athens, the mother presented a Low ovarian response.

Here the progress of this technique is evidenced since with the first baby in the world born in Mexico it was sought to avoid the transmission of mitochondrial diseases and not a solution to the infertility of women.

In the first part of this work, I will address the legal framework that governs in the Argentine Republic and then expand me about international legislation and the main problems presented by the regulation of these issues.

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